User’s Guide – version 3.5
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If You have purchased the maintenance and support services from Fluke then subject to
payment of the support fees, Fluke shall provide such services in respect of the Product in
accordance with the provisions of the Support and Maintenance Agreement contained in
Appendix 1.
3. COPYRIGHT
All intellectual property rights in the Product belong to Fluke and You acknowledge that You have
no ownership claims or rights whatsoever in the Product. You may (a) make one copy of the
Product solely for backup or archival purposes and keep this securely, or (b) transfer the
software to a secure single hard disk provided that You keep the original solely and securely for
backup or archival purpose. You may not copy the written materials accompanying the Product.
You shall not remove or alter Fluke’s copyright or other intellectual property rights notices
included in the Product or in and any associated documentation. You must notify Fluke forthwith
if You become aware of any unauthorized use of the Product by any third party.
4. OTHER
RESTRICTIONS
You shall not sub-licence, distribute, market, lease, sell, commercially exploit, loan or give away
the Product or any associated documentation. For the avoidance of doubt, this licence does not
grant any rights in the Product to, and may not be assigned, sub-licenced or otherwise
transferred to, any connected person, where the term connected person includes but is not
limited to the End User’s subsidiaries, affiliates or any other persons in any way connected with
the End User, whether present or future. The Product and accompanying written materials may
not be used on more than the permitted number of servers at any one time or for in excess of
the permitted number of devices. Subject always to any rights which You may enjoy under
applicable law (provided that such rights are exercised strictly in accordance with applicable law)
and except as expressly provided in this Agreement, You may not reproduce, modify, adapt,
translate, decompile, disassemble or reverse engineer the Product in any manner. You shall not
merge or integrate the Product into any other computer program or work, and You shall not
create derivative works of the Product. Fluke reserves all rights not expressly granted under this
Agreement.
5. LIMITED
WARRANTY
Fluke warrants that during the warranty period (a) the Product will perform substantially in
accordance with its accompanying written materials, and (b) the media on which the Product is
furnished shall be free from defects in materials and workmanship. The warranty period
applicable to the Product shall be ninety (90) days from the date of delivery of the Product or, if
longer, the shortest warranty period permitted in respect of the Product under applicable law
(“Warranty Period”). The warranty for any hardware accompanying the Product shall be as
stated on the warranty card shipped with the hardware.
If, within the Warranty Period, You notify Fluke of any defect or fault in the Product in
consequence of which the Product fails to perform substantially in accordance with its
accompanying written materials, and such defect or fault does not result from You, or anyone
acting with your authority, having amended, modified or used the Product for a purpose or in a
context other than the purpose or context for which it was designed or licensed according to this
Agreement, or as a result of accident, power failure or surge or other hazards, Fluke shall, at
Fluke’s sole option and absolute discretion, do one of the following:
(i)
repair the Product; or
(ii)
replace the Product; or
(iii)
repay to You all license fees which You have paid to Fluke under this Agreement.
Fluke does not warrant that the operation of the Product will be uninterrupted or error or
interruption free.
